Indiana Code
Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law
26-3-7-16. Maintenance of Minimum Net Worth

Sec. 16. (a) A licensee shall have and maintain a current asset to current liability ratio of one to one (1:1) and shall maintain, as evidenced by the financial statement required by section 6 of this chapter, the following minimum positive net worth:
(1) For a grain bank, minimum positive net worth is at least one hundred thousand dollars ($100,000).
(2) For a warehouse, minimum positive net worth is at least equal to the sum of:
(A) one hundred thousand dollars ($100,000); and
(B) ten cents ($0.10) multiplied by the bushel storage capacity of the warehouse.
(3) For a grain buyer, minimum positive net worth is:
(A) one hundred thousand dollars ($100,000); or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the grain buyer during the grain buyer's most recent fiscal year;
whichever is greater.
(4) For a buyer-warehouse that has a bushel storage capacity of less than one million (1,000,000) bushels or purchases less than one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) one hundred fifty thousand dollars ($150,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(5) For a buyer-warehouse that has a bushel storage capacity of at least one million (1,000,000) bushels or purchases at least one million (1,000,000) bushels of grain per year, minimum positive net worth is:
(A) the sum of:
(i) two hundred thousand dollars ($200,000); and
(ii) ten cents ($0.10) multiplied by the bushel storage capacity of the buyer-warehouse; or
(B) five cents ($0.05) multiplied by the total number of bushels of grain purchased by the buyer-warehouse during the buyer-warehouse's most recent fiscal year;
whichever is greater.
(b) Except as provided in section 10 of this chapter, if a licensee is required to show additional net worth to comply with this section, the licensee may satisfy the requirement by adding to the amount of the bond, letter of credit, or cash deposit required under section 10 of this chapter an amount equal to the additional net worth required or provide another form of surety as permitted under the rules of the agency.
(c) The director may adopt rules under IC 4-22-2 to provide that a narrative market appraisal that demonstrates assets sufficient to comply with this section may satisfy the minimum positive net worth requirement.
Formerly: Acts 1973, P.L.268, SEC.1. As amended by Acts 1979, P.L.249, SEC.10; P.L.125-1997, SEC.34; P.L.253-1997(ss), SEC.26; P.L.173-1999, SEC.7; P.L.64-2009, SEC.8; P.L.60-2015, SEC.11.

Structure Indiana Code

Indiana Code

Title 26. Commercial Law

Article 3. Warehouses

Chapter 7. Indiana Grain Buyers and Warehouse Licensing and Bonding Law

26-3-7-1. Indiana Grain Buyers and Warehouse Licensing Agency; Employees

26-3-7-1.5. Liberal Construction

26-3-7-2. Definitions

26-3-7-2.2. Determination of a Single Warehouse

26-3-7-3. Powers and Duties of Director

26-3-7-4. License; Application; Exemptions; Suspension or Revocation; Prohibited Operation

26-3-7-4.1. Renewal Application

26-3-7-4.2. Registered Agent

26-3-7-4.5. Repealed

26-3-7-5. Inspection and Certification of Scales

26-3-7-6. Types of Licenses Issued; Application for License; Fees; Payment of Fees; Current Liability Ratio; Review Level Financial Statement Inspection

26-3-7-6.1. Financial Statement; Fines

26-3-7-6.3. Grain Buyers and Warehouse Licensing Agency License Fee Fund

26-3-7-6.5. Disclosure of Information; Investigations

26-3-7-7. Issuance of License or Permit; False Statements; Applicant's Qualifications

26-3-7-8. Temporary License

26-3-7-8.5. Licensing Requirements of Successor Owner

26-3-7-9. Bond, Cash Deposit, or Letter of Credit

26-3-7-10. Amount of Bond, Cash Deposit, Letter of Credit, or Other Surety; Deficiencies; Penalties

26-3-7-11. Repealed

26-3-7-12. Insurance; Filing of Certificate; Settlement With Depositor in Case of Destruction

26-3-7-13. Additional Bond, Cash Deposit, Letter of Credit, or Insurance

26-3-7-14. Cancellation of Bond or Insurance; Approval; Notice; Suspension of License

26-3-7-15. Grain Inventories; Sufficiency for Outstanding Warehouse Receipts or Other Storage Obligations

26-3-7-16. Maintenance of Minimum Net Worth

26-3-7-16.1. Repealed

26-3-7-16.5. Determination of Shortages; Payment of Claims; Hearings and Procedures

26-3-7-16.6. Procedures

26-3-7-16.7. Appeals

26-3-7-16.8. Liens on Grain Assets

26-3-7-17. Repealed

26-3-7-17.1. Possible Violations; Powers of Director; Procedures

26-3-7-17.5. Notice of Suspension or Revocation of License; Notice of Denial of Application

26-3-7-18. Revocation, Expiration, or Suspension of License; Effect Upon Operation

26-3-7-19. Receipt of Grain; Ownership of Deposited Grain

26-3-7-20. Grain Owned by Licensee; Receipts; Transfer

26-3-7-21. Uniform Warehouse Receipts Act; Application to Transactions

26-3-7-22. Commingling of Grain

26-3-7-23. Return of Grain to Depositor

26-3-7-24. Duplicate Receipts; Restriction; Requisites; Bond

26-3-7-25. Terms of Receipts

26-3-7-26. Terms of Tickets

26-3-7-26.5. Deferred Pricing Agreement; Conditions; Penalties

26-3-7-27. Repealed

26-3-7-28. Records and Accounts; Retention

26-3-7-29. Display of License or Permit; Schedule of Charges; Sign

26-3-7-30. Receipt Forms; Requests; Cost; Requisites for Accountability

26-3-7-31. Grain Shortages; Appointment of Receiver; Notice of Actions and Orders

26-3-7-32. Injunctions; Unlawful Removal of Grain; Temporary Restraining Orders

26-3-7-33. Examination of Warehouse; Fee; Expenses

26-3-7-34. Violations

26-3-7-35. Grain Buyer License Required

26-3-7-36. Deposit of Fees